GOVERNMENT OF MAHARASHTRA

LAW  AND  JUDICIARY  DEPARTMENT

MAHARASHTRA ACT  No. IX  OF  1977

THE  MAHARASHTRA  ANIMAL
PRESERVATION  ACT,  1976

(  As  modified  upto  the  9th  September,  2016  )

PRINTED  IN  INDIA  BY  THE  MANAGER,  GOVERNMENT  PRESS  AND  STATIONERY
STORES,  KOLHAPUR  AND  PUBLISHED  BY  THE  DIRECTOR,  GOVERNMENT
PRINTING,  STATIONERY  AND  PUBLICATIONS,  MAHARASHTRA  STATE,
MUMBAI–400  004

2016

[ Price : Rs. 6.00 ]

1976 : Mah. IX ]

(i)

THE MAHARASHTRA ANIMAL PRESERVATION ACT, 1976

-------------

CONTENTS

PREAMBLE.
SECTIONS.

1.

Short title, extent, commencement and application.

2. Declaration of State Policy.

3. Definitions.

4. Appointment  of  competent  authorities.

5.

Prohibition  of  slaughter  of  cows,  bulls  or  bullocks.
5A. Prohibition  on  transport  and  export  of  cow,  bull  or  bullock  for  slaughter.
5B. Prohibition  on  sale,  purchase,  disposal  in  any  other  manner  of  cow,

bull or bullock.

5C. Prohibition  on  possession  of  flesh  of  cow,  bull  or  bullock.
5D. Prohibition  on  possession  of  flesh  of  cow,  bull  or  bullock  slaughtered

outside  the  State  of  Maharashtra.

6. Restrictions  on  slaughter  of  scheduled  animals.

7.

8.

9.

Scheduled  animals  to  be  slaughtered  at  specified  places  only.

Power  of  entry,  search,  seizure  and  custody.

Penalty  for  contravention  of  sections  5,  5A  or  5B.
9A. Penalty  for  contravertion  of  sections  5C,  5D  or  6.
9B. Burden  of  proof  on  accused.

10. Offences  under Act  to  be  cognizable  and  non-bailable.

11. Abetments  and  attempts.

12.

13.

Persons  exercising  powers  under  this  Act  deemed  to  be  public  servants.

Protection  of  persons  acting  in  good  faith  under  Act  or  rules.

14. Exemptions  under  this Act.

15. Delegation  of  powers.

16.

Power to make rules.

17. Repeal  and  savings.

SCHEDULE

H  62-1

1

MAHARASHTRA  ACT  No.  IX OF 1977.1
[THE MAHARASHTRA ANIMAL PRESERVATION ACT, 1976.]

(This Act Received the assent of the President on the 16th day of February 1977; assent
was first published in the Maharashtra Government Gazette on the 1st day of March 1977).

Amended  by  Mah.  5  of  2015  (04-03-2015)
An Act to provide for the prohibition of slaughter 2[and preservation of cows, bulls and
bullocks useful for milch, breeding, draught or agricultural purposes and for restriction
on slaughter for the preservation of certain other animals suitable for the said purposes].
WHEREAS it is expedient to provide for the prohibition of slaughter 3[and preservation
of  cows,  bulls  and  bullocks  useful  for  milch,  breeding,  draught  or  agricultural  purposes
and for restriction on slaughter for the preservation of certain other animals suitable for
the  said  purposes]  and  to provide  for  matter  connected  therewith;  It  is  hereby  enacted
in  the  Twenty-seventh Year  of  the  Republic  of  India  as  follows  :—

1. (1) This Act  may  be  called  the  Maharashtra Animal  Preservation Act,  1976.
(2) It  extends  to  the  whole  of  the  State  of  Maharashtra.
(3) It shall come into force on such date

as the State Government may, by notification

4

in  the Official  Gazette, appoint.
(4) It  shall  apply  to  cows
2. It  is  hereby  declared  that  this  Act  is  for  giving  effect  to  the  policy  of  the  State

5
[bulls  or  bullocks]  and  to  scheduled  animals.

towards  securing  the  principles  specified  in  article  48  of  the  Constitution  of  India.

3. In  this Act,  unless  the  context  otherwise  requires,—

(a)  “Competent  authority”  means  a  person  or  body  of  persons  appointed  by  the
State  Government  under  section  4  to  perform  the  functions  of  a  competent  authority
under  this  Act;

(b) “cow” includes a heifer or male or female calf of a cow;
(c)  “prescribed”  means  prescribed  by  rules  made  under  this Act;
(d)  “Schedule”  means  the  Schedule  appended  to  this  Act;
(e) “scheduled animal” means any animal specified in the Schedule; and the State
Government  may,  by  notification  in  the Official  Gazette,  add  to  the  Schedule  any
species  of  animals,  after  considering  the  necessity  for  preservation  of  that  species  of
animals;  and  the  provisions  of  sub-section  (3)  of  section  16,  in  so  far  as  they  relate
to laying before, and modification by, the State Legislature, shall apply in relation to
such  notification  as  they  apply  to  any  rule  made  under  that  section.
4. The State Government may, by notification in the Official Gazette, appoint one or
more  persons or  one  or  more bodies  of  persons  to perform  the  function  of a  competent
authority  under  this  Act  and  specify  the  areas  within  which  they  shall  perform  such
functions.

Short  title,
extent,
commencement
and
application.

Declaration
of  State
Policy.

Definitions.

Appointment
of competent
authority.

5. Notwithstandings  anything  contained  in  any  other  law  for  the  time  being  in  force
or  any  usage  or  custom  to  the  contrary  no  person  shall  slaughter  or  cause  to  be
6
slaughtered or offer for slaughter any cow
[bull or bullock], in any place in the State of
Maharashtra.

Prohibition
of  slaughter
of  cows,
7[bulls  or
bullocks]

1. For  Statement  of  Objects  and  Reasons,  see Maharashtra  Government  Gazette,  1976,  Part  V,

Extraordinary,  dated  6th  December  1976,  Page  679.

2. This  portion  was  substituted  for  the  portion  beginning  with  the  words  “of  cows”  and  ending  with  the

words  “agricultural  purposes”,  by  Mah.  5  of  2015,  s.  2.

3. This  portion  was  substituted  for  the  portion  beginning  with  the  words  “of  cows”  and  ending  with  the

words  “agricultural  purposes”,  by  Mah.  5  of  2015,  s.  3.

4. 15th  day  of April  1978, vide  G.  N., A  and  C.D.,  No.  SIT-1076/28233/3-ADF,  dated  the  13th April  1978.
5. These  words  were  inserted  by  Mah.  5  of  2015,  s.  4.
6. These  words  were  inserted  by  Mah.  5  of  2015,  s.  5(a).
7. These  words  were  added  by  Mah.  5  of  2015,  s.  5(b).

Prohibition on
transport  and
export  of
cow, bull or
bullock  for
slaughter.

Prohibition on
sale, purchase,
disposal in any
other  manner
of cow, bull
or  bullock.
Prohibition on
possession  of
flesh  of  cow,
bull or bullock.

Prohibition on
possession  of
flesh  of  cow,
bull or bullock
slaughtered
outside the
State  of
Maharashtra.

Restrictions
on  slaughter
of  scheduled
animals.

2

The Maharashtra Animal Preservation Act, 1976

[1977 : Mah. IX

1[5A. (1) No  person  shall  transport  or  offer  for  transport  or  cause  to  be  transported
cow,  bull  or  bullock  from  any  place  within  the  State  to  any  place  outside  the  State  for
the  purpose  of  its  slaughter  in  contravention  of  the  provisions  of  this  Act  or  with  the
knowledge  that  it  will  be  or  is  likely  to  be,  so  slaughtered.

(2) No  person  shall  export  or  cause  to  be  exported  outside  the  State  of  Maharashtra
cow,  bull  or  bullock  for  the  purpose  of  slaughter  either  directly  or  through  his  agent  or
servant  or  any  other  person  acting  on  his  behalf,  in  contravention  of  the  provisions  of
this Act  or  with  the  knowledge  that  it  will  be  or  is  likely  to  be  slaughtered.

5B. No  person  shall  purchase,  sell  or  otherwise  dispose  of  or  offer  to  purchase,  sell
or  otherwise  dispose  of  any  cow,  bull  or  bullock  for  slaughter or  knowing  or  having
reason  to  believe  that  such  cow,  bull  or  bullock  shall  be  slaughtered.

5C. Notwithstanding anything contained in any other law for the time being in force
no  person  shall  have  in  his  possession  flesh  of  any  cow,  bull  or  bullock  slaughtered  in
contravention  of  the  provisions  of  this  Act.

5D. No person shall have in his possession flesh of any cow, bull or bullock slaughtered

outside  the  State  of  Maharashtra.].

6. (1) Notwithstanding  anything  contained  in  any  law  for  the  time  being  in  force  or
any usage or custom to the contrary, no person shall slaughter or cause to be slaughtered
any  scheduled  animal  in  any  place  in  the  State  of  Maharashtra,  unless  he  has  obtained
in  respect  of  such  animal  a  certificate  in  writing  from  the  competent  authority  that  the
animal is fit for slaughter.

(2) No  certificate  shall  be  granted  under  sub-section  (1),  if  in  the  opinion  of  the

competent  authority,  —

(a) the scheduled animal, whether male or female, is or likely to become economical

for  the  purpose  of  draught  or  any  kind  of  agricultural  operations;

(b)  the  scheduled  animal,  if  male,  is  or  is  likely  to  become  economical  for  the

purpose  of  breeding;

(c)  the  scheduled  animal,  if  female,  is  or  is  likely  to  become  economical  for  the

purpose  of  giving  milk  or  bearing  offspring.
(3) The  State  Government  may,  on  an  application  by  any  person  aggrieved  by  an
order  passed  by  the  competent  authority  refusing  to  grant  him  a  certificate,  made  to  it
within sixty days from the date of receipt of such order, or at any time suo motu, call for
and  examine  the  records  of  the  case  for  the  purpose  of  satisfying  as  to  the  legality  or
proriety of any order passed by the competent authority under this section and pass such
order  in  reference  thereto  as  it  thinks  fit.

(4) A  certificate  under  this  section  shall  be  granted  in  such  form  and  upon  payment

of  such  fees  as  may  be  prescribed.

(5) Subject  to  the  provisions  of  sub-section  (3),  any  order  passed  by  the  competent
authority  granting  or  refusing  to  grant  a  certificate,  and  any  order  passed  by  the  State
Government  under  sub-section  (3),  shall  be  final  and  shall  not  be  called  in  question  in
any  Court.

1.  Sections  5A,  5B,  5C  and  5D  were  inserted  by  Mah.  5  of  2015  s.  6.

1977 : Mah. IX]

The Maharashtra Animal Preservation Act, 1976

3

7. No scheduled animal in respect of which a certificate has been issued under section
6 shall be slaughter in any place other than a place Specified by such authority or officer
as  the  State  Government  may  appoint  in  that  behalf.

8. (1) For the purposes of this Act, the competent authority or any person authorised
in  writing  in  that  behalf  by  the  competent  authority  (hereinafter  in  this  section  referred
to  as  “the  authorised  person”)  shall  have  power  to  enter  and  inspect  any  place  where
the  competent  authority  or  the  authorised  person  has  reason  to  believe  that  an  offence
under  this Act  has  been,  or  is  likely  to  be,  committed.

(2) Every person in occupation of any such place shall allow the competent authority
or  authorised  person  such  access  to  that  place  as  may  be  necessary  for  the  aforesaid
purpose  and  shall  answer  to  the  best  of  his  knowledge  and  belief  any  question  put  to
him  by  the  competent  authority  or  the  authorised  person.

2[(3) Any Police Officer not below the rank of Sub-Inspector or any person authorised
in this behalf by the State Government, may, with a view to securing compliance of the
provisions of sections 5A, 5B, 5C or 5D, for satisfying himself that the provisions of the
said  sections  have  been  complied  with  may,—

(a)  enter,  stop  and  search,  or  authorise  any  person  to  enter,  stop  and  search  any

vehicle  used  or  intended  to  be  used  for  the  export  of  cow,  bull  or  bullock;

(b)  seize  or  authorise  the  seizure  of  cow,  bull  or  bullock  in  respect  of  which  he
suspects that any provision of sections 5A, 5B, 5C or 5D has been, is being or is about
to be contravened, alongwith the vehicles in which such cow, bull or bullock are found
and there after take or authorise the taking of all measures necessary for securing the
production of such cow, bull or bullock and the vehicles so seized, in a court and for
their  safe  custody  pending  such  production:

Provided that pending trial, seized cow, bull or bullock shall be handed over to the
nearest Gosadan,  Goshala,  Panjrapole,  Hinsa  Nivaran  Sangh  or  such  other Animal
Welfare Organizations  willing to  accept such custody  and the  accused shall  be liable
to pay for their maintenance for the period they remain in custody with any of the said
institutions  or  organizations  as  per  the  orders  of  the  court.
(4) The provisions of section 100 of the Code of Criminal Procedure, 1973 relating to
search  and  seizure  shall,  so  far  as  may  be,  apply  to  searches  and  seizures  under  this
section.]

2  of
1974

9. Whoever contravenes

3
[the provisions of sections 5, 5A or 5B] shall, on conviction,
4
[five years], or with fine

be punished with imprisonment for a term which may extend to
which  may  extend  to

5
[ten  thousand  rupees],  or  with  both:

7[Provided that except for special and adequate reasons to be recorded in the judgement
of  the  court  such  imprisonment  shall  not  be  of  less  than  six  months  and  such  fine  shall
not  be  less  than  one  thousand  rupees.]

1.  This  marginal  note  was  substituted  by  Mah.  5  of  2015  s.  7(b).
2.  Sub-sections (3)  and (4)  were  added  by  Mah.  5  of  2015  s.  7(a).
3.  These  words  were  substituted  for  the  words  “any  of  the  provisions  of  this  Act”  by  Mah.  5  of

2015,  s. 8(a).

4.  These  words  were  substituted  for  the  words  “six  months”  by  Mah.  5  of  2015,  s.  8(b).
5. These  words  were  substituted  for  the  words  “one  thousands  rupees”  by  Mah.  5  of  2015,  s.  8  (c).
6.  This  marginal  note  was  substituted  by  Mah.  5  of  2015,  s.  8  (e).
7.  This  proviso  was  added  by  Mah.  5  of  2015,  s.  8  (d).

Scheduled
animals  to  be
slaughtered  at
specified
places  only.

1[Power  of
entry,  search,
seizure  and
custody.]

6[Penalty  for
contravention
of  sections  5,
5A  or  5B.]

4

The Maharashtra Animal Preservation Act, 1976

[1977 : Mah. IX

Penalty  for
contravention
of  sections
5C,  5D  or  6

1[9A. Whoever contravenes the provisions of sections 5C, 5D or 6 shall on conviction
be  punished  with imprisonment  for  a  term which  may  extend  to one  year  or  fine  which
may  extend  to  two  thousand  rupees.

Burden  of
proof  on
accused.

9B. In  any  trial  for  an  offence  punishable  under  sections  9  or  9A  for  contravention
of  the  provisions  of  this Act,  the  burden  of  proving  that  the slaughter,  transport,  export
outside  the  State,  sale,  purchase  or  possession  of  flesh  of  cow,  bull  or  bullock  was  not
in  contravention  of  the  provisions  of  this  Act,  shall  be  on  the  accused.]

Offences
under Act  to
be  cognizable
[and Non-
bailable].

3

Abetments
and attempts.

Persons
exercising
powers  under
this Act
deemed  to  be
public
servants.

protection  of
persons acting
in  good  faith
under Act  or
rules.

Exemptions
under  this
Act.

10. Notwithstanding anything contained in the Code of Criminal Procedure, 1973, all
2
[and  Non-bailable].

offences  under  this Act  shall  be  cognizable.

2  of
1974

11. Whoever  abets  any  offence  punishable  under  this Act  or  attempts  to  commit
any  such  offence  shall  be  deemed  to  have  committed  that  offence  and  shall,  on
conviction,  be  Punished  with  the  punishement  provided  for  such  offence  under
section  9

4
[or  section 9A]

12. All  persons  exercising  powers  under  this Act  shall  be  deemed  to  be  public

servants  within  the  meaning  of  section  21  of  the  Indian  Penal  Code.

45  of
1860

13. No  suit,  prosecution  or  other  legal  proceedings  shall  be  instituted  against  any
person  for  anything  which  is  in  good  faith  done  or  intended  to  be  done  under  this Act
or  the  rules  made  thereunder.

14. Subject to any conditions prescribed in this behalf, this Act shall not apply to,—

(a) any animal (other than cow

5
[bull or bullock]) operated upon for vaccine, lymph
or  serum  at  any  institution  established,  conducted  or  recognised  by  the  State
Government;

(b) any animal (other than cow

6
[bull or bullock]) operated upon for any experimental

or  research  purposes  at  the  institution  referred  to  in  clause  (a);

(c) any  animal  (other  than  cow

7
[bull  or  bullock])  or  class  thereof,  —

(i)  slaughter  of  which  is  certified  by  a  veterinary  surgeon  authorised  in  this
behalf by the State government to be necessary in the interest of the public health;
(ii)  which  are  suffering  for  any  disease  which  is  certified  by  such  veterinary

surgeon  as  being  contagious  and  dangerous  to  other  animals  :

Provided that no animal referred to in this section shall be slaughtered or cause to be
slaughtered unless an authority in writing for such slaughter has been obtained from the
competent  authority.

1.  Sections  9A  and  9B  were  inserted  by  Mah.  5  of  2015,  s.  9.
2.  These  words  were  added  by  Mah.  5  of  2015,  s.  10  (a).
3.  These  words  were  added  by  Mah.  5  of  2015,  s.  10  (b).
4.  These  words,  figure  and  letter  were  added  by  Mah.  5  of  2015,  s.  11.
5.  These  words  were  inserted  by  Mah.  5  of  2015,  s.  12  (a).
6.  These  words  were  inserted  by  Mah.  5  of  2015,  s.  12  (b).
7.  These  words  were  inserted  by  Mah.  5  of  2015,  s.  12  (c).

1977 : Mah. IX]

The Maharashtra Animal Preservation Act, 1976

5

15. The  State  Government  may,  by  notification  in  the Official  Gazette,  delegate,—
(a) to any local authority, its powers and functions under section 4 within the local

Delegation
of powers.

area  subject  to  the  jurisdiction  of  such  local  authority  ;

(b) to  any  officer  of  the  State  Government,  its  powers  and  functions  under  sub-

section (3)  of  section  6.

16. (1) The State Government may, by notification in the Official Gazette, and subject
to  the  condition  of  previous  publication,  make  rules  for  carrying  out  the  purposes  of
this  Act.

Power  to
make  rules.

(2)  In  particular  and  without  prejudice  to  the  generality  of  the  foregoing  provision,

such  rules  may  provide  for,—

(a)  the  form  of  the  certificate  under  section  6;

(b)  the  amount  of  the  fee  to  be  paid  for  such  certificate;

(c)  the  conditions  subject  to  which  this  Act,  shall  not  apply  to  any  scheduled

animal  under section  14;

(d)  any  other  matter  which  is  or  may  be  prescribed.

(3) Every rule made under this Act shall be laid, as soon as may be, after it is made,
before each House of the State Legislature while it is in session for a total period of thirty
days which may be comprised in one session or in two successive sessions, and if, before
the expiry of the session in which it is so laid or the session immediately following, both
Houses agree in making any modification in the rule or both Houses agree that the rule
should  not  be  made,  the  rule  shall,  from  the  date  of  publication  of  a  notification  in  the
Official Gazette of such decision have effect only in such modified form or be of no effect,
as  the  case  may  be  ;  so,  however,  that  any  modification  or  annulment  shall  be  without
prejudice  to  the  validity  of  anything  previously  done  under  that  rule.

17. On  the  commenement  of  this Act,  the  following Acts,  that  is  to  say,—

Repeal  and
savings.

(1) the Bombay Animal Preservation Act, 1948,

(2) the Bombay Animal Preservation Act, 1954,

(3) the  Central  Provinces  and  Berar Animal  Preservation Act,  1949,  and

(4) the  Hyderabad  (Slaughter  of Animals) Act,  1950,

shall  stand  repealed  :
Provided  that  such  repeal  shall  not  affect,—
(a) the  previous  operation  of  any Act  so repealed,  or  anything  duly  done  or  suffered

thereunder;

(b) any right, privilege, obligation or liability acquired, accrued or incurred under any

Act  so  repealed;

Bom.
LXXXI
of 1948.

Bom.
LXXII
of 1954.

C.  P.
and
Berar
LII  of
1949.

Hyd.
VII of
1950.

6

The Maharashtra Animal Preservation Act, 1976

[1977 : Mah. IX

(c) any penalty, forfeiture or punishment incurred in respect of any offence committed

against  any  Act  so  repealed;

(d) any investigation, legal proceeding or remedy in respect of any such right, privilege,

obligation,  liability, penalty,  forfeiture  or punishment  aforesaid;

and  any  such  investigation,  legal  proceeding  or  remedy  may  be  instituted,  continued
or  enforced  and  any  such  penalty,  forfeiture  or  punishment  may  be  imposed,  as  if  this
Act  had  not  been  passed:

Provided  further  that,  subject  to  the  preceding  proviso,  anything  done  or  any  action
taken (including notifications, orders or certificates  issued, appointments or rules made)
under  any  Act  so  repealed  shall,  in  so  far  as  it  is  not  inconsistent  with  the  provisions
of  this Act,  be  deemed  to  have  been  done  or  taken  under  the  corresponding  provisions
of this Act and shall continue in force in the respective area accordingly, unless and until
superseded  by  anything  done  or  any  action  taken  under  this  Act.

SCHEDULE

[Section 3 (e)]

Bovines 1[**]  female  buffaloes  and  buffalo  calves).

1.  The  words  “Bulls,  Bullocks”  were  deleted  by  Mah.  5  of  2015,  s.  13.

H  62–4,680  Bks.-12.2016

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H  62

